Ombudsperson to Defend Privileges in Constitutional Court

Ombudsperson Nina Karpachova has submitted an appeal to the Constitutional Court of Ukraine demanding a judicial review of the Verkhovna Rada resolution, On the Priorities of the Budgetary Policy for 2004. In particular, the ombudsperson is concerned about the clause envisioning a transfer from the system of privileges and compensations to a targeted aid system under which financial aid will be available to those citizens whose incomes are below the minimum living wage. The reason for this appeal is the growing number of people appealing to the ombudsperson to protect their right to privileges and compensations under legislation in force. Ms. Karpachova believes that if privileges are replaced with targeted aid, this will constitute a violation of Article 22 of the Constitution, which reads, “new laws or amendments to legislation in force may not narrow the content or volume of the existing rights and freedoms, in particular social security right and freedoms.” According to Ms. Karpachova, it follows from the parliamentary resolution, On the Priorities of the Budgetary Policy for 2004, that for a person to be eligible for targeted aid his income plus the amount of such aid may not exceed the minimum living wage. In other words, millions of Ukrainians who now enjoy privileges and whose wages or pensions are equal to or exceed the minimum living wage will lose them. In Ms. Karpachova’s view, even those people whose combined income is below the minimum living wage will also suffer, since they will receive an amount of targeted aid that will add up to a minimum living wage together with their income. Ms. Karpachova also stated that the mentioned Verkhovna Rada resolution can be viewed as a violation of Article 56 of the Constitution that envisions a right to “compensation of material and moral damages caused by illegal decisions, actions, or neglect on the part of the state leadership, local governments, or their officials and employees.” The Ombudsperson has insisted that her appeal be considered in the first place.